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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
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Experience:  Award winning lawyer with over 15 years experience
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Can you tell me if I should prepare a position statement for

Customer Question

Can you tell me if I should prepare a position statement for permission to appeal hearing in Family Court in front of a circuit judge?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas Judge replied 2 years ago.
Thanks for your question. Please remember to rate once you get my answer.
If you are ordered by the Court to prepare a Position Statement then obviously you should comply with that order. You are not obligated to prepare a position statement before a CJ although personally I think it is a really good idea and strengths your position generally.
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is ***** ***** I will do my best to help you A Position Statement is not needed as you should have produced a Skeleton Argument setting out your case
Customer: replied 2 years ago.
However, I was under impression that skeleton document is for the appeal and not for the permission hearing. The skeleton I prepared was for the appeal, this is why I was asking about position statement.
Expert:  Clare replied 2 years ago.
It serves as both since the two are interrelated
Customer: replied 2 years ago.

Thanks Clare - Just so I fully understand, the circuit judge will review my application for permission to appeal, based on my :

- grounds for appeal.

- skeleton document.

However, he will test my case for permission against the following authorities:

Tanfern Limited v Cameron MacDonald [2000] 1 WLR 1311

I am just trying to work out the best way to prepare for this hearing. If I don't need to do a position statement, then what do you advise that I do?

Expert:  Thomas Judge replied 2 years ago.
You are correct on the case law.
Permission to appeal is governed by rule 30.3 of the Family Procedure rules 2010.
Rule 30.3(7) provides:
"(7) Permission to appeal may be given only where—
(a) the court considers that the appeal would have a real prospect of success; or
(b) there is some other compelling reason why the appeal should be heard."
I always like to be able to hand up a succinct Position Statement at an appeal hearing. It helps for you to focus your mind and can assist the Judge.
Customer: replied 2 years ago.

Hi Thomas - is this also the case for permission to appeal hearing i.e. not the actual hearing?

Expert:  Clare replied 2 years ago.
Your Skeleton argument should include all the points that you wish to make - but it could assist if you prepare a Position Statement that
"(c) ..... includes a summary of the order or directions sought by that party (1) at that hearing and (2) at the final hearing;"
Keep it short and to the point - and place it at the front of the Bundle
Customer: replied 2 years ago.
I apologise, but I am still not clear. Are you saying I should create a position statement for the permission hearing, but it states mainly what I am hoping the judge will order i.e. order appeal hearing, product original documents by Respondent etc.? When you state final hearing, do you mean appeal hearing? If so, should I detail what I want out of that hearing too in my position statement for permission hearing?
Expert:  Thomas Judge replied 2 years ago.
Hi John,
Yes it is. I would prepare a short position statement for the appeal hearing. It should basically set out what you are asking the court to do at that hearing (a summary of your appeal) and the order which you are asking the Court to make. You should just deal with the appeal (and not the final hearing). Really no more than 2 or 3 pages.
I hope that this helps and please remember to rate positively.
Customer: replied 2 years ago.

Sorry to ask again, but the hearing I am referring to is for "Application for leave for permission to Appeal", not the actual appeal. Do you recommend a position for this hearing too?

Expert:  Thomas Judge replied 2 years ago.
Yes I would - even on an application for leave. It just makes it a lot clearer for the Judge.
Please remember to rate.
Expert:  Clare replied 2 years ago.
Two things - it will help YOU which means it is well worth it
the second - one page or two at most
Expert:  Thomas Judge replied 2 years ago.
I am delighted my colleague agrees with me.
Make sure you hand it to the usher before going into court so that the Judge gets to read it.
Please remember to provide a positive rating.